The length of time a person has to file a worker’s comp claim varies from state to state. For instance:
Hudson, Potts & Bernstein has attorneys with decades of experience defending and prosecuting worker’s compensation claims. This unique vantage of understanding both sides of the case, as well as the experience of handling thousands of worker’s compensation claims, makes HPB especially qualified to represent both employers and employees in workers’ compensation matters.
Worker’s Compensation provides employees with certain protections against injury or illness that occurs in the course and scope of their employment. The worker may receive benefits such as paid medical expenses, payment for lost wages, and costs associated with rehabilitation. In cases where the worker was killed, that person’s family may receive benefits.
It is a no-fault system, meaning that when an employee files a claim for and is awarded a worker’s compensation settlement they typically forfeit any right to sue their employer.
The laws for worker’s comp vary from state to state, so the state where you work is usually the law that will govern your case. Federal employees and workers who are involved in certain types of interstate commerce are subject to Federal laws, including the Federal Employee Compensation Act and the Federal Employment Liability Act (FELA).
Worker’s compensation benefits are intended to help employees who sustain an injury or illness while they are performing their jobs. There are four types of worker’s comp benefits that they may receive:
Medical Coverage – Any treatment that is necessary for a workplace injury or illness. Medical coverage may include doctor’s visits, hospitalizations, diagnostic tests (bloodwork, MRI, X-ray), nursing care, medication, medical equipment(wheelchair, nebulizer, walker).
Lost Wages (Disability Benefits) – The worker may receive benefits that cover a percentage of their regular wages while they are unable to work. The amount awarded and length of time is based on the laws of the state as well as the degree of disability and how the person’s ability to return to their job is impacted.
Vocational Rehabilitation – Voc Rehab helps people who are disabled or have been injured return to work. It can include career counseling, skills assessment, job training, help finding a new job, and education about reasonable accommodations for a disability.
Death Benefits – If a person dies from a work related illness or injury, the family may be entitled to death benefits. These benefits are typically paid to the worker’s spouse, dependents, or children.
To seek damages such as pain and suffering, the worker must file a civil lawsuit against a third party. Pain and suffering are not included in worker’s compensation benefits.
Worker’s comp covers injuries or illnesses that workers sustain while performing their assigned job duties. The types of injuries that are covered depend on the industry and the type and scope of the person’s position. Some of the more common worker’s compensation injuries include:
Repetitive stress or strain injuries like tendonitis, carpal tunnel, and back pain When the worker or the person who caused the worker’s injury acts outside of the scope of their employment and an injury or illness occurs, that is typically a civil action and not eligible for worker’s compensation.
Contractors and subcontractors are typically not eligible for worker’s compensation so they may choose to file a civil suit against the responsible party.
The length of time a person has to file a worker’s comp claim varies from state to state. For instance:
This may vary due to certain circumstances, so it is best to file a worker’s comp claim as soon as possible and to get a worker’s comp attorney right away.
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